The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III, Part 38

Author: Goodspeed, Weston Arthur, 1852-1926, ed
Publication date: 1904
Publisher: Madison, Wis. : The Weston Historical Association
Number of Pages: 1086


USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 38


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W. F. Wallace became prosecuting attorney on the Thirteenth judicial district of the state of Arkansas, June 5, 1883. Judge J. G. Frierson died in March, 1884, and on the 17th of that month W. H. Cate was appointed to his seat on the bench of the Second circuit. September 1, 1884, Judge Cate was elected to succeed himself. A. B. Williams became judge of the Ninth circuit, Sep- tember 10, 1884. succeeding Judge Mitchell, who resigned. L. A. Byrne was elected judge of this circuit, November 4, 1884. Green- field Quarles became prosecuting attorney on the First circuit, October 30, 1884, and on the same date J. Frank Wilson became prosecuting attorney on the Fourth circuit. W. M. Green became prosecuting attorney on the Eighth circuit, October 30, 1884, and served three terms. A. C. Lewis became prosecuting attorney on the Twelfth circuit, September 29, 1884, and served two terms. H. P. Smead became prosecuting attorney on the Thirteenth cir- cuit, October 30, 1884, and served three terms. R. J. Lea became prosecuting attorney on the Sixth circuit, October 30, 1884.


The twenty-fourth legislature was held January 8, to March 28, 1883. Senate: President-J. B. Judkins; secretary-John G. Holland. House of representatives: Speaker-W. C. Braley; clerk-'J. W. Newton. This legislature created Cleburne county,


38I


THE ARKANSAS OF YESTERDAY AND TO-DAY.


February 20, 1883; resubmitted the Fishback amendment to the people, to be voted on in 1884; dissolved the state finance board, a ways and means organization that had outlived its usefulness; created the Board of Railroad Commissioners; appointed Judge W. W. Mansfield to revise the laws of the state and Judge U. M. Rose to examine the new (sixth) digest, which was finished in 1884 and printed in 1885, and made appropriations to exploit the resources of the state at the Louisville Exposition of 1883 and the New Orleans Cotton Centennial of 1884. Cotton grown in Lce county was sent to Louisville, spun into yarn, woven into cloth, cut and fitted, and made into a suit of clothes for Governor Berry, within forty-eight hours from the time it was picked in Arkansas. The success of these exhibits led Governor Berry to recommend the establishment of the Bureau of Agriculture, Mines and Min- ing. Before the election of 1884 the state was divided into five congressional districts.


James 11. Berry, the fourteenth governor of the state of Arkan- sas, was born in Jackson county, Ala., May 15, 1841, and was elected governor at the age of forty-one. In 1848 his father set - tled in Carroll county, Ark., where Berryville, a town which was named in his honor, has grown up. There the future governor was reared to manhood. When the Civil war began, he enlisted in the Sixteenth Arkansas infantry, Confederate army, and was second lieutenant of company "E." Ile lost a leg at the battle of Corinth, October 4, 1862. After the war, he taught school and read law, and he was admitted to the bar in 1866. That year he was elected to the legislature from Carroll county. In 1860 he moved to Bentonville and there continued the practice of his pro- fession. In 1872 and again in 1874 he was elected to the legis. lature from Benton county and at the session of 1874 he was chosen speaker of the house. He was elected circuit judge and served four years, 1878-82. Ile was governor 1883-84 and in 1885 was elected United States senator for the unexpired term of Sen. 'A. H. Garland, 1885-89. By successive re-elections he has served to the present time. A notable event in his governorship was his subjugation of a negro uprising in Howard county, in which by his personal influence he averted mob action and vindi- cated the adequacy of the law.


Simon P. Hughes was elected governor in 1884 and inangu- rated January 17, 1885, and was re-elected in 1886, serving four years. In his first term John W. Stayton was acting governor, and in his second term D. E. Barker. Governor Hughes, a Deni- ocrat, was elected by a majority of 45,236 in a total vote of


382


THE PROVINCE AND THE STATES.


156,310, and re-elected by a plurality of 17,411, the total vote hav- ing been 163,889. Poindexter Dunn, C. R. Breckinridge, John HI. Rogers, Sam W. Peel and James K. Jones were, in 1884, elected to congress to serve 1885-87. James K. Jones was elected to the United States senate and in 1885 T. C. MeRae succeeded him in congress. In 1886 Poindexter Dunn, C. R. Breckinridge, T. C. McRae, Jolin H. Rogers and Sam W. Peel were elected to con- gress to serve 1887-89. J. H. Berry was elected to the United States senate in 1885, and by re-election is still serving. By re-election Senator Jones has also been continued in office to 1903.


Simon P. Hughes, fifteenth governor of the state of Arkansas, was born in 1830, and has lived in Arkansas since 1844. In 1849 he engaged in farming in Monroe county. He was admitted to the bar in 1857. He was sheriff of Monroe county 1854-56. In 1861 he entered the Confederate army as captain of a company in Col. Charles W. Adams' regiment. Later he was promoted to the lieutenant colonelcy of that regiment. Upon the reorganiza- . tion of his regiment, he became a private in Morgan's Texas bat- talion (cavalry), and served until the war ended. In 1866, he was elected to represent Monroe county in the legislature and he was a delegate to the constitutional convention of 1874. He was attorney-general 1874-76, and governor 1885-89, when he was elected judge of the supreme court, a position which he has since held. At that time the population of the state had reached a mil- lion, and under constitutional provision the number of supreme judges was increased from three to live.


In the general election of 188 , the Fishback amendment was adopted by vote of the people. The vote for it was ity, Sob, the vote against it 15,492. It is now a part of the state constitution. Under its provisions it is unlawful for the legislature to provide for the payment, wholly or in part, of indebtedness or interest thereon, arising from the following mentioned bonds :


Date of Issue


Rate of interest.


Description of Bonds.


Amount of principal. .


Jan. 1, 1870.


6 per cent ...


Furuling Bonds, No. 491 to 1860, inclusive of both numbers ....


April 1, 1870


7 per cent


April 1, 1570.


7 per cent


Memphis & Little Rock Railroad Aid .. Mississippi, Ouachita & Red River Rail- road Aid


600,000 00


April 1, 1870.


7 per cent


Little Rock, Pine Bluff & New Orleans Railroad Aid ..


1,200,000 00


April 1, 1850.


7 per cent.


Little Rock & Fort Smith Railroad Aid Arkansas Central Railroad Aid.


1,350,000 00


April 1, 1570 Mar 23, 1871


7 per cent .


Lovee Bonds .


3,005,816 05


Total


$3, 725, 816 05


$1,370, 000 00 1,200,100 00


1,000, 000 00


7 per cont.


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THE ARKANSAS OF YESTERDAY AND TO-DAY.


E. B. Moore succeeded Jacob Frolich as secretary of state Janu- ary, 1885, and served four years. W. R. Miller succeeded A. W. Files as state auditor Jannary, 1887, and died in office November, 1887. W. R. Dunlop was appointed as his successor. W. E. Wood- ruff, Jr., was continued in office as state treasurer. Daniel W. Jones succeeded C. B. Moore as attorney-general January, 1885, and served until 1889. P. M. Cobbs, commissioner of state lands, served through this administration, as did also W. E. Thompson, superintendent of public instruction. B. B. Battle became an associate justice of the supreme court in 1885. In 1886 D. W. Carroll was appointed to succeed himself as chancellor of the Pulaski chancery court. Joseph W. House was Federal district attorney, Eastern district, 1885-80; 1I. M. Sanders, Western dis- trict, 1885-80.


J. F. Riddick became judge of the courts of the Second judicial district of the state of Arkansas and J. W. Martin judge of the Sixth circuit, October 30, 1886. R. D. Hlearn became judge of the Fighth circuit, October 30, 1886. His successor was J. D. Con- way, who has served continuously since December 3, 1897. C. E. Mitchell was again elected judge of the Ninth cir- cuit, October 30, 1886. C. D. Wood became judge of the Tenth circuit, October 30, 1886. John S. Little became judge of the Twelfth circuit, October 30, 1886, and resigned and was succeeded by J. 11. Rogers April 20, 1887. C. W. Smith became judge of the Thirteenth circuit, October 30, 1886. S. Brundidge became proscenting attorney on the First circuit, W. B. Padgett on the Third circuit, J. V. Walker on the Fourth circuit, II. S. Carter on the Fifth circuit, Gray Carroll on the Sixth circuit on the same date. C. D. Wood resigned as prosecuting attorney of the Tenth circuit, and was succeeded September 23, 1886, by M. 1. Hawkins, who was duly elected to the office October 30, 1886. J. W. Butler became judge of the Third circuit, May, 1887. R. H. Powell became judge of the Fourteenth circuit, May, 1887, and at the same time DeRoos Bailey became prosecuting attorney on that circuit. October 30, 1888, J. D. Block became prosecuting attorney on the Second circuit, S. M. Johnson on the Fourth circuit, W. IL. Martin on the Seventh circuit. R. C. Fuller on the Tenth circuit, and J. B. MeDonough on the Twelfth circuit. J. L. Abernathy became prosecuting attorney on the Third circuit, October, 1888, and R. J. Lee a second time became prose- cuting attorney on the Sixth circuit, October 31, 1888.


The twenty-fifth legislature was held January 12, to March 28, 1885. Senate: President-R. B. Weaver; secretary-John G.


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TIIE PROVINCE AND THE STATES.


Holland. House of representatives: Speaker-J. P. Eagle; clerk -T. W. Newton. This legislature reduced the jurisdiction of the Pulaski chancery court which had formerly included the whole state to include a district to be known as the First chancery dis- trict. There are now seven chancery districts in the state. It appropriated five thousand dollars for state representation at the New Orleans Exposition. It enacted a game law and a law for the government of cities and towns. It authorized the improve- ment of the capitol building under the superintendency of the sec- retary of state, the state land commissioner and the clerk of the chancery court. The plans adopted resulted in an entire change of the arrangements of the rooms, amounting to almost a remodeling of the whole of the interior. Eight years before the state coat of arms from the Arkansas building at the Centennial Exposition had been placed on the front of the central building over the main entrance and the fountain which was also used at the Centennial was set up in the grounds opposite the front of the main building. The fountain was purchased by the organized efforts of ladies' centennial associations throughout the state.


In June, 1883 the board of railroad commissioners had organ- ized and proceeded to assess the property of the railroads for tax- ation. They were enjoined by the Pulaski chancery court on the petition of the St. Louis, Iron Mountain & Southern and the Mem- phis & Little Rock Railroad Companies which claimed exemption from taxation by their charters and contended that the authoriza- tion of the tax was a violation of the Federal constitution. Gov- ernor Berry employed Judge Rose to assist Attorney-General Moore in defending these suits. The right of the state to tax railroads was sustained in every court and in 1884 the board assessed the railroads at six million three hundred and fifty-two thousand nine hundred and eigthy-five dollars. At the first meet- ing of the board after the inauguration of Governor Hughes the assessment was raised to nine million six hundred and twelve thousand seven hundred and seventy-three dollars ; in 1886 it was thirteen million seven hundred and four thousand six hundred and thirty-eight dollars and in 1805 it was twenty-one million three hundred and thirty-three thousand two hundred and thirty-two dollars. The total railroad mileage in the state then was 2.373; in 1902 it was 3.177. The state was empowered to tax the roads from 1883, but no taxes having been paid 1874-83, the state began suits to collect back taxes, and the Iron Mountain Com- pany paid the state two hundred and fifty thousand dollars in full of all back claims upon its main line and branches. In 1886


385


THE ARKANS.IS OF YESTERDAY AND TO-DAY.


occurred a strike of railroad employes in Arkansas, Missouri and Texas that threatened the peace of this state. The presence of militia at Texarkana averted violence and bloodshed.


The twenty-sixth legislature was held January 10, to March 31, 1887. Senate: President-D. E. Barker; secretary-John G. Ifolland. House of representatives: Speaker-J. M. flewitt ; clerk-J. W. Callaway. Important acts of this session were, . provision for a state geological survey, for the payment of the state debt, for the publication of early supreme court reports and for submitting to the people the question of holding a constitu- tional convention. This legislature also created the office of state geologist and a state debt board composed of the governor, sec- retary of state and the auditor, "to superintend the settlement of the valid and undisputed indebedness of the state." In 1887 the Arkansas State Exposition at Little Rock was the greatest home display of the resources of the state to that time. In that year Arkansas fruits took the first premium at a pomological exhibi- tion in Boston, and in 1888 Arkansas apples won awards in Cali- fornia and in Illinois. A convention in which were represented most of the counties of the state met at Little Rock, February 1, 1888, and organized a bureau of immigration. Later many county bureaus were organized. Funds were raised by private subscription and pamphlets describing the state were widely circulated. This movement resulted in the creation by the legisla- ture, early in 1889, of the Bureau of Mines, Manufactures and Agriculture.


James P. Eagle, sixteenth governor of the state, was born in Maury county, Tenn., August 10, 1837. In 1839 he was brought to Arkansas by his parents, who settled northeast of Little Rock. In 1844 they moved to a point on the military road east of the state capital. His early life was passed on a farm and he attended college after he was thirty years of age and after he had served through the war. In 1857, he moved to Lonoke county. In the course of events, he became a Baptist minister, and he has many times been elected president of the Baptist state convention. He was a deputy sheriff in Prairie county in 1859. He entered the Confederate army as a private in the ranks and at the close of the war was lieutenant-colonel. Ile was seriously wounded at Atlanta, July 17, 1864, and was surrendered with Johnston's army in North Carolina, in April, 1865. In 1873 he was chosen to represent Prairie county in the legislature, and he was a member of the extra session of 1874 and that year was a delegate to the state constitutional convention. He represented Lonoke county


III-25


386


THE PROVINCE AND THE STATES.


in the legislature in 1877, and again in 1885 when he was speaker of the house. In 1888, when he was fifty-one years old, he was elected governor and he was re-elected in 1890, serving four years in the office. C. C. Hamby was acting governor in 1892.


Governor Eagle, Democrat, was elected by a majority of 15,006 in a total vote of 187,397 and re-elected by a majority of 21,086 in a total vote of 191,448. T. C. McRae, John 11. Rogers and Sam W. Peel were elected to congress in 1888 to serve 1889-91. W. II. Cate was elected for the same term, but was onsted by 1,. P. Featherston. Clifton R. Breckinridge was elected for this term also, but his seat was declared vacant. In September, 1800, he was re-elected to fill the vacancy. Sam W. Peel, Clifton R. Breckinridge, W. H. Cate, T. C. McRae and W. L. Terry were, in 1890, elected to congress to serve 1891-93. B. B. Chism succeeded E. B. Moore as secretary of state January, 1889. W. S. Dunlop, who had served by appointment as state anditor since November 30, 1887, served by election from January, 1889, to January, 1893. W. F. Woodruff, Jr., was, January, 1801, succeeded as state treasurer by R. B. Morrow. Jannary, 1880, Daniel W. Jones was succeeded as attorney-general by W. E. Atkinson, who served till January, 1893. Paul M. Cobbs, commis- sioner of state lands, died in office October 30, 1890, and C. B. Myers succeeded him by appointment and was continued in office until 1894. J. H. Shinn succeeded W. E. Thompson as superin- tendent of public instruction October 30, 1890. M. F. Locke was appointed commissioner of mines, manufactures and agriculture Janmary, 1880, and later served in that office by election September 1, 1800, until in 1892. John D. Adams, his successor, was elected September 5, 182, and died December 7 following, when George M. Chapline was appointed to fill his unexpired tern.


David J. Brewer of the Federal court became circuit judge in the Eastern district in 1889. Judge Henry C. Caldwell came in 18go. M. Il. Sandels was elected an associate justice of the supreme court April 2, 1889, to fill a vacancy caused by the death of W. W. Smith. W. E. Hemmingway and S. P. Hughes were elected associate justices of the supreme court in 1889 under an act of the general assembly of that year increasing the court to five members. Judge Sandels was elected to succeed himself in 1890 and died soon afterward. W. W. Mansfield was elected to succeed liim January 26, 1801. D. W. Carroll was appointed to succeed himself as chancellor of the Pulaski chancery court in 1890. The Second chancery district was created April 4, 1801. James F. Robinson was its first chancellor. J. M. Elliott became


387


THE .IRK. INSAS OF YESTERDAY IND TO-D.IY.


judge of the Eleventh judicial district January 22, 1889, and was elected to succeed himself September 1, 1890. J. E. Cravens became judge of the Fifth circuit, September 11, 1889 ; H. F. Thom- asson, judge of the Fifteenth circuit, April 2, 1889, succeeding Judge Belden, and served until his death in 1803. O. L. Miles became prosecuting attorney on the latter circuit, April 2, 1889. October 30, 1800, Grant Green, Jr., became judge of the First circuit, J. E. Riddick succeeded himself as judge of the Second circuit, J. W. Butler was continned as judge of the Third circuit, E. S. McDaniels becane judge of the Fourth circuit, J. G. Wallace judge of the Fifth circuit, R. J. Lea judge of the Sixth circuit, A. M. Duffie judge of the Seventh circuit; C. E. Mitchell was a third time made judge of the Ninth circuit, C. D. Wood succeeded himself as judge of the Tenth circuit, C. W. Smith began a new term as judge of the Thirteenth circuit and B. B. Hudgins became judge of the Fourteenth circuit. Judge Riddick resigned and was succeeded March 30, 1890, by W. Il. Cate. T. C. Humphrey- was appointed judge of the Twelfth circuit, March 30, 1890, and was succeeded October 30, 1890, by E. E. Bryant. J. M. Taylor succeeded J. M. Elliott as prosecuting attorney on the Eleventh circuit, June 22, 1889. He was elected to succeed himself Sep- tember 8, 1890, and was succeeded by S. C. Martin, October 31, 1902. October 30, 1800, J. P. Roberts became prosecuting attorney on the First circuit, J. M. Stayton on the Third, J. M. Peel on the Fourth, Jeff Davis on the Fifth, W. H. Pemberton on the Sixth, J. D. Shaver on the Eighth, James H. McCollum on the Ninth, R. M. Wallace on the Thirteenth, J. C. Floyd on the Fourteenth; and J. D. Block entered upon a new term on the Second circuit, W. II. Martin on the Seventh, R. C. Fuller on the Tenth, J. B. McDonough on the Twelfth and O. L. Miles on the Fifteenth. Judge Mitchell of the Ninth circuit resigned May I, 1891, and was succeeded by W. P. Feazel. The Sixteenth circuit, abolished in 1875, was re-established in 1891, and June 20, J. B. McCaleb became its judge and R. B. Maxey its prosecuting attorney. October 31, 1892, H. F. Rolleson became prosecuting attorney on the First circuit, J. N. Tillman on the Fourth, C. V. Teague on the Seventh, J. M. Carter on the Eighth, J. D. Shaver on the Ninth, H. W. Wells on the Tenth, T. N. Sanford on the Twelfth, Sam R. Chew on the Fifteenth, J. B. Baker on the Sixteenth; and J. M. Stayton was confinned as prosecuting attorney on the Third circuit, Jeff Davis on the Fifth, H. P. Smead on the Thirteenth, J. C. Floyd on the Fourteenth. W. W. Bandy became prosecuting attorney on the Second circuit in 1802.


388


THE PROVINCE AND THE STATES.


The twenty-seventh legislature was hield January 10, to March 31, 1889. Senate: President-WV. S. Hanna; secretary-J. G. Holland. House of representatives: Speaker-B. B. Hudgins ; clerk-J. G. B. Simms. Evils in the state convict system were remedied by this legislature by the creation of the office of prison inspector and by providing a more humane system for the care and employment of state prisoners than the "lease system" which had been in force since 1873. This legislature also accepted a con- gressional appropriation for agricultural experiment stations in trust for the Arkansas Industrial University, the trustees of which institution established stations for experiments in agriculture, horticulture and stockraising at Camden, Newport, Pine Bluff and Fayetteville. The Hon. John M. Clayton an able, influential and highly respected citizen was, on the evening of January 29. 1889, shot to death through a window of a hotel at Plummersville, where he was gathering evidence to be used in contesting the seat of the llon. Clifton R. Breckinridge in congress. By authoriza- tion of the legislature, Governor Eagle offered a reward of five thousand dollars for the apprehension of his slayer, and other rewards were offered, but the perpetrator of this dastardly crime has never been identified. In 1890, Arkansas had a population of 1,128,179, an increase of 325,654, since 1880. The number of whites was 804,658.


The twenty-eighth legislature was held January 12, to April 3, 1891. Senate: President-James P. Clarke ; secretary-Jolin G. Holland. House of representatives: Speaker-E. W. Rector ; clerk-J. C. B. Simms. This legislature created the office of inspector of mines. In 1891 the superintendent of public instruc- tion induced the legislature to make an appropriation to establish several short term normal schools in the state. Other appropria- tions for this purpose were made in 1893 and in 1895 and for one month in each year a school for the training of teachers was available to students in every county. Meantime the people of the state were planning for an Arkansas exhibit at the Columbian Exposition of 1893, at Chicago. In 1861 congress levied a direct tax on the real estate of the various states to defray the expenses of the Civil war. This tax was collected in Arkansas only in 1865 and in 1866. The United States supreme court having declared this tax unconstitutional, congress refunded to the states the money so paid. The amount that had been collected in Arkan- sas was one hundred and fifty-six thousand two hundred and seventy-two dollars. After all of the taxpayers of twenty-five years before or their heirs, had been found and repaid, fifteen


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THE ARK.INSAS OF YESTERDAY AND TO-DAY.


thousand dollars of the amount was unclaimed and was appropri- ated by the legislature to defray the expenses of the state at the World's Columbian Exposition. In 1892, the arsenal property at Little Rock was exchanged by the United States government for a new site on the hill above the city. The old arsenal grounds were converted into a city park and a military post was located on Big Rock.


William M. Fishback, elected seventeenth governor of the state of Arkansas in 1892, served two years. Clay Sloan was acting governor in 1893. Mr. Fishback was born at Jefferson, Va., November 5, 1831, and was sixty-one years old when he became governor. Educated at the University of Virginia, he taught school and became a lawyer. After living a year in Illinois, he came to Arkansas in 1858. He was a delegate to the state con- vention in 1861 and a member of the Murphy legislature of 1864. In the latter year he was elected to the United States senate, but was not seated. In 1865 he was appointed special agent of the . treasury department. He represented Sebastian county in the constitutional convention of 1874 and was elected to represent that county in the legislature in 1872, 1876, 1878 and 1884. In 1888 he was a prominent candidate for governor. He was the author of the Fishback amendment to the constitution. At the expira- tion of his term as governor he retired from public life. He died February, 1903. As a Democrat, he was elected by a plurality of 56,071 in a total vote of 126,186. In 1802 the Poll-tax amend- ment to the state constitution was ratified by the people by a vote of 75.817 against a vote of 10.258. The adoption of this amend- utent, which made the payment of the annual poll-tax levied by the state a condition of voting and denied suffrage to every man, white or black, who had not paid it, greatly mitigated the race feeling in politics. P. D. McCulloch, T. C. McRae, W. L. Terry, Ilugh A. Dinsmore, Robert Neill and Clifton R. Breckinridge were in 1892 elected to congress to serve 1893-95. There were now six congressional districts. Mr. Breckinridge resigned Aug- ust, 1804, and J. S. Little was elected to fill his unexpired term. Jannary, 1893, H. B. Armistead succeeded B. B. Chism as secre- tary of state and C. B. Mills succeeded W. S. Dunlop as state auditor. R. B. Morrow was state treasurer until January, 1895. J. P. Clarke became attorney-general Jannary, 1893. October 30, 1804, C. B. Myers, commissioner of state lands was succeeded by J. F. Ritchie, and J. H. Shinn, superintendent of public instruction, by Junius Jordan. George M. Chapfine, commissioner of mines,




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